Friday, December 7, 2012

Book Review: Kourlis and Olin Make Accessible the Conversation About Making Justice More Accesible


I very much enjoyed reading Rebuilding Justice: Civil Courts in Jeopardy and Why You Should Care by Rebecca Love Kourlis and Dirk Olin, and would encourage anyone concerned with access to justice issues to read it. In this 2011 text, Kourlis and Olin discuss several ways in which our judicial system is not adequately serving the public's need.

My praise of this book is high. I have not recently seen any other book distill for the lay person the problems facing our judiciary, and lay out different techniques for addressing the identified problems.  I believe that this book can and should encourage readers to consider and take seriously the needs of the judicial branch of government. 

Each chapter to this book addresses a specific weakness in our judicial system, and raises particular possible solutions, many of which reflect existing experiments already in place in various jurisdictions.   For instance, the second chapter illustrates the highly politicized method of judicial selection in the federal bench, explains how the politicization has such a negative effect on the citizen’s trust of the judiciary, and offers alternative selection mechanisms.  The fifth chapter discusses the impact of the cost of discovery on the accessibility of the court systems on non-wealthy members of society.  The eighth chapter focuses in on the extent to which the traditional adversarial system fails to address complex issues in family law are addressed—and it presents and innovative approaches around the country towards combating those issues.

This book offers many suggestions for fixing the problems it describes.  Each reader will likely find suggestions that they find very valuable and other suggestions which they find problematic or wrong.  I personally was very pleased to read about innovations in the family court arena, but thought that the book’s issues with e-discovery did not factor in the fact that extensive e-discovery is sometimes the only way to uncover deception or duplicity. In fact, I take a particular pleasure if the fact that this book presents ideas with which I agree along with idea with which I disagree. Where I in agreement with all of the book’s suggestions,  I might be disinclined to consider the true message of this book—that citizens have an interest in the ways in which our courts function.

In other words, the most important take home lesson from this book is that every citizen should deeply care about functionality and fairness of the judicial process because our democratic system is dependent on it. A secondary take home lesson is that organizing the judiciary involves serious consideration of whether the court rules, methods of access, and other aspects of the organization of the court, properly and sufficiently serve the constituents of the system, namely the general citizenry.

Should this book be released in a second edition, I hope there will be a little more discussion more fully explaining why a functioning judiciary is so important to our republic.  Although the book very clearly demonstrates how access to our legal system has decreased for many individuals, the book appears to invite its readers to presume why the problem matters—which is not inherently obvious to those unfamiliar with the courts. My personal view is that elementary exposure to contract theory will convince all readers that the absence of a functioning court system will lead many individuals to problematic self-help techniques, like use of personal weapons or the employment or engagement of gang or mafia protections.  A functioning civil court system provides a mechanism for citizens of a society to have their disputes resolved without resorting to dangerous self-help techniques.   Once readers already understand this premise, they should appreciate the issues presented in this discourse.

In short, I see this book as the introduction to an important discussion society should be having about what we expect of our courts, and I personally hope that I am able to contribute to this discussion in a valuable way. 

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